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1. The Defendant shall pay to the Plaintiff KRW 22,522,075 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On May 2, 2015, the Plaintiff filed a suit with the Daegu District Court 2014Kadan51463 against the Non-Party Haba Co., Ltd. (hereinafter “Non-Party 2”). On May 2, 2015, the Plaintiff sentenced to the judgment that “the Non-Party 21,163,500 won and the interest calculated at the rate of 20% per annum from March 14, 2015 to the date of full payment” to the Plaintiff, and the said judgment became final and conclusive on March 28, 2015.
B. The Plaintiff: (a) obtained a provisional seizure order on September 29, 2014 from the Daegu District Court 2014Kadan5900, which held against the Defendant by the non-party company as the right to be preserved; (b) received the provisional seizure order on the said provisional seizure from the Daegu District Court 2015TTTT8699; and (c) received the seizure and collection order on the said provisional seizure from the Daegu District Court 2015TTT8699; and (d) the said order was served and finalized to the Defendant around that time.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the collection amount and damages for delay to the plaintiff, the collection obligee, unless there are special circumstances.
B. The defendant's assertion and judgment that the non-party company caused the non-party company to perform the defect liability against the defendant, and the non-party company bears the defect liability against the defendant. Since the non-party company offsets the 109,200,000 won of the defect liability claim against the non-party company's obligation to pay the non-party company the amount of 46,70,000 won, the defendant's obligation to pay the unpaid construction
In other words, the construction of Busan B apartment was completed on November 30, 2013 (Cable block) and May 31, 2014 (Dable block), which is recognized as a comprehensive consideration of the overall purport of the records and arguments in the instant case, and thereafter, the occupants of the apartment complex have been doubled.